Jurisprudential and Socio-Legal Analysis of Dowry and its Ruling in Islamic Sharia

چکیده

Dowry (jahīziyyah)، as one of the customs associated with marriage in Islamic societies، is commonly prepared by the bride’s family at the beginning of married life. In its original conception، it has a simple، supportive، and participatory nature، aiming to meet the basic needs of life and to contribute economically to the establishment of the couple’s household. However، an examination of the Prophetic tradition (Sīrah) and juristic sources indicates that dowry is neither a religious obligation nor a criterion for determining social status; rather، it should remain within the framework of simplicity، moderation، and avoidance of extravagance. Nevertheless، in contemporary societies، the prevalence of costly and luxury-oriented dowries has led to consequences such as delays in marriage، economic pressure on families، increased familial tensions، the promotion of consumerism، and the intensification of social inequalities. Accordingly، fundamental questions arise regarding the nature of dowry، its legal ruling، the limits of ownership، and its social implications. This study adopts a descriptive–analytical method based on library-based juristic sources and social studies. It seeks to clarify the religious foundations of dowry، identify its economic and social harms، and propose solutions for reforming this custom and restoring its original function in light of Islamic teachings. The findings demonstrate that there is no sharʿī evidence obligating the bride or her family to provide dowry، and that furnishing the household and meeting living expenses fall under the husband’s obligatory maintenance (nafaqah). Moreover، from a juristic perspective، the dowry brought into the marital home remains the exclusive property of the wife. In conclusion، the study emphasizes the necessity of returning to simplicity، avoiding undue burden and extravagance، confronting luxury-oriented practices، and reforming cultural attitudes in accordance with Islamic teachings and the Prophetic approach to facilitating marriage.